A Study On The Change Of Real Estate Property Rights In The Agreement On Marital Property

In today’s society the rising divorce rate, divorce court litigation rising year by year, and these cases about the division of marital property cases accounted for more.With the constant improvement of the national legal consciousness, the husband and wife before marriage or after marriage of the provisions of the property ownership,the disputes which increase gradually. Due to the husband and wife property agreement is unclear, the legal nature of to this kind of problem in the judicial practice,judges the referee has different standards. The purpose of this paper is to clarify the legal nature of marital property agreement and on the impact of the change, to help the judicial practice.In this paper, on the writing method of combining the use case and theory. By analyzing a typical case of extracting focus of dispute case, analysis of first instance and second instance referee’s reason. To find such cases prone to judge the cause of the differences. Prone to judge the results in the realistic judicial judgment of reason,is our country "marriage law" and "property law" has the form of conflict, the conflict is pursued by the two laws on the legislative value to different. Overcome method is to judge the value connotation of deep understanding of the two laws, the "marriage law" and "property law" on the intersection of marital property, with deep understanding and divisional.On the nature of the marital property agreement, the current academic circles have identity contract says, property, contracts, real right contract and gift contract,this paper argues that identity shall adopt the contract says. Husband and wife property agreement is based on the basis of the relationship between husband and wife, there is no marriage relationship parties didn’t reach any agreement. Leave the marriage relationship and talk about the most basic personal relationship agreement is pointless, elaborates the other focus theory from the Angle of the property, more or less loophole, and fails to explain the reality.On the validity of the marital property agreement, as long as it is during the duration of the relationship of the two sides reached based on the autonomy, is not in violation of the provisions of laws and administrative regulations of mandatory, then husband and wife property agreement shall be deemed as valid. Although the marital property agreement has strong personal attributes, but, after all, is the product of autonomy between the parties, whether from the existing system of legal norms or from theory are no prohibitive provisions.Marital property agreement to research the effect of property rights of immovables first have to clarify our country "marriage law" and "property law" is some form of conflict and contradiction, understanding or mediate the conflict must be thorough understanding of the marriage law of personal property characteristics, especially in the marital property agreement on the impact of the change. Shall pay special attention to the family property and personal property of husband and wife property agreement understand the implications, then this kind of conflict is easy to understand.Property of husband and wife agreed to produce the real right change the conditions of the premises is husband and wife property agreement is legal and valid, andinternal and external validity must distinguish between husband and wife property agreement. The effectiveness of the so-called internal is not involved in the third person, the effectiveness of the foreign third ? is involvedThe last of the changes in the marital property agreement cancellation right problem, can not apply the provisions of "contract law", the "marriage law" shall apply, but the "marriage law" has no clear stipulation, can be relieved from the other system in the marriage law.